Presented by : Furqan, Tuba, Abdul Mannan, Shafai, Afiya

Definition“Factory” is defined in Sec 2(m) of the Act. It means any

premises including the precinct thereof : 1) Whereon ten or more workers are working, or were working

on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or

2) Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on.

REASONS FOR PASSING

FACTORIES ACT, 1948

1. HEALTH 2. SAFETY

3. WELFARE

HEALTH

1) Cleanliness2) Disposal of waste & effluents3) Ventilation & Temperature4) Dust & Fumes5) Artificial Humidification6) Overcrowding7) Lighting8) Drinking water9) Latrines & Urinals10) Spittoons

SAFETY

1) Fencing of Machinery2) Work on or near machinery in motion3) Employment of young persons on dangerous machines4) Striking gear and device for cutting of power 5) Self - acting machines6) Casing of new machinery7) Prohibition of employment of women & children near cotton

openers

WELFARE

1) Facilities for Hand wash2) Facilities for Storing & Drying clothes3) Facilities for Sitting 4) First - aid appliances5) Canteens6) Shelters, Restrooms & Lunch Rooms7) Creches

VIDEOS

The following have held to be a factories:-

1) Salt works

2) A shed for ginning and pressing of cotton

3) A Bidi making shed

4) A Railway Workshop

5) Composing work for Letter Press Printing

6) Saw Mills

7) Place for preparation of foodstuff and

other eatables

Approval, Licensing & Registration of factories [Sec.6]

1. Making an application to the Government or Chief Inspector, along with the duly certified plans and specifications required by the rules.

2. Sent to the State Government or Chief Inspectors by registered post.

3. And no order is communicated to the applicant within 3 months from the date on which it is so sent, the permission deemed to be granted.

4. If the application is rejected appeal can be made to the government within 30 days of the date of such rejection.

Occupier [Sec.2(n)]

• The person who has ultimate control over the affairs of factory.

• It includes a partner in case of firm and director in case of a company.

• In case of Government company, 'occupier' need not be a director. In that case, person appointed to manage affairs of the factory shall be occupier.

Notice by OccupierThe occupier shall, at least 15 days before he begins to occupy or use any premises as a factory, send a notice to the Chief Inspector containing-

(a) The name and situation of the factory.(b) The name and address of the occupier.(c) The name and address of the owner of the premises.(d) The address to which communications relating to the factory may be

sent.(e) The nature of the manufacturing process.(f) The total rated horse power installed or to be installed in the factory.(g) The name of the manager of the factory for the purposes of this Act.(h) The number of workers likely to be employed in the factory.

General Duties of Occupier

1.Notice to Chief Inspector (15 days before).2. Approval of Building, Plant & the Machinery layout.3. Application of Registration and grant of license.4. Renewal of factory license.5. At a time Renewal for 3 years6. Obliged to comply with the Applicable

provision of the Act7. Occupier shall ensure, the health, safety and welfare of all workers while they are at work in the factory.

The Inspecting Staff[Sec.8]1. State government may appoint Chief Inspector, Additional

Chief Inspectors, Joint Chief Inspectors, Deputy Chief Inspectors, and Inspectors.

2. Prescribe their duties and qualifications3. Every District Magistrate shall be an Inspector for his district 4. Every inspector is deemed to be a public servant within the

meaning of the Indian Penal Code

Powers of Inspectors[Sec.9] Enter factory premises for investigation Examine the premises Inquire into any accident or dangerous occurrence Require the production of any prescribed register or

document Seize, or take copies of, any register, record or other

document Take measurements and photographs and make such

recordings Exercise such other powers as may be prescribed No person shall be compelled under this section to answer

any question or give any evidence tending to incriminate himself .

Certifying Surgeon[Sec.10] State Government may appoint qualified medical practitioners

to be certifying surgeons Duties of surgeons (a) the examination and certification of young persons under

this Act; (b) the examination of persons engaged in factories in such

dangerous occupations or processes (c) supervising the factories where (i) cases of illness have occurred which are due to the nature

of the manufacturing process or (ii) due to manufacturing process there is a likelihood of injury

to the health of workers or (iii) young persons are employed in any work which is likely to

cause injury to their health.

Scope and coverage

• Regulates working conditions in Factories.• Basic minimum requirements for ensuring Safety, Health &

Welfare of workers.• Applicable to all the workers.• Applicable to all Factories using power & employing 10 or

more workers and if not using power, employing 20 or more workers on any day of the preceding twelve months.

• This Act extends to whole of India.